Failure to comply could be costly
New rules for electronic discovery of documents in civil cases go into effect in December — and they could cost users millions or even billions of dollars if they fail to comply.Last September, the Judicial Conference of the U.S. Supreme Court’s Committee on Rules of Practice and Procedure recommended changes that force companies involved in a civil lawsuit to sit down and hammer out what records are fair game for electronic discovery.
In general, the resulting 300-plus page document describing the new e-discovery criteria says that companies involved in civil litigation must meet within the first 30 days of a case’s filing to discuss how to handle electronic data. The discussion must encompass retention practices, the types of records required and their electronic format, as well as what is considered “accessible” data, said John Bace, an analyst at Gartner Inc. in Stamford, Conn.
Failure to comply with the new rules could be costly.
[...] “In time the ‘e’ in ‘e-discovery’ will disappear, illuminating the fact that document production in electronic form is fast becoming a routine part of all discovery,” said Barton. “2007 will see this evolution progress significantly as the primary trends in the industry drive corporations to collaborate across business units to create systems that combine information management with e-discovery, and partnering with market leaders in the field who can provide scalable end-to-end Total Practice Solutions.” [...]
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